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Is $17,500 a good settlement for a Nassau County, NY car accident? I have 8 herniated discs and nerve damage as a result.

My atty originally told me I'd get about $60K, and now the ins. co. of defendant's final offer is $17,500 and won't go to arbitration. I wasnt moving, and was hit in driver door by jerk going 65 mph, making illegal right turn from L of 4-lane road. She sped through a light and then turned, and hit me. It's a miracle I'm alive. I was in PT almost 2 yrs; still in pain. Ortho suggested epidural injections; I'm nervous and would rather live in pain. I'm self-employed decorative artist.

My fear is I will be in worse pain, or disabled as time goes by, and I will have no recourse. $10K net isn't a lot to make up for this. But if that is typical settlement, I know I will have to live with it. Can I bring civil suit, or leave case open to sue in future? What are the chances of success?

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Attorney answers (2)

Reputation Level 13
The answer to your question depends on many factors including whether any of your injuries are pre-existing, your age, if you had any treatment other than physical therapy, if you can prove that you have permanent injuries under the New York State No Fault threshold. These can not be answered in this forum.

You either need to sit down with your attorney and have him or her explain to you why this is the best settlement you can get or there is nothing in the law that prevents you from seeking new counsel.
2 people marked this answer as good
Richard S. Jaffe
Richard S. Jaffe, licensed in New York and New Jersey

Reputation Level 13
It depends on how much insurance the other car has and how well your doctor documented your injuries and limitations. If you meet NY threshold law. In other words you either missed 90 days from work or still have limitations. It is not enough. Assuming they have sufficient insurance

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